Trump Rolls Out Orders Intended To Narrow Birthright Citizenship And Target 'birth Tourism'

President Donald Trump on Thursday signed two executive orders intended to narrow birthright citizenship and crack down on women coming to America to give birth so their child automatically becomes a citizen, a little over a month after the Supreme Court struck down his bid to end automatic citizenship for all children born in the United States.

The first order targets children born of foreign diplomatic staff working in the U.S., those born of “alien enemies” of the United States, including foreign terrorist organizations, and children born of women who enter the United States with the sole purpose of giving birth so their child gains citizenship. It also mentions children born to foreigners in U.S. territories, but only if Congress changes the law to end automatic citizenship in those places. 

Trump added that these orders will allow the administration to do “big crackdowns” in a “much more forceful manner.”

“We’re actually the only country of size — I think just about the only country, period, that does birthright citizenship,” Trump said. “I thought we were going to win it at the Supreme Court. Unfortunately we had a very bad decision, very unfair decision. Our country suffers because of it. And we’re ending it a different way.”

The second order is directed at putting an end to the practice of women coming to the U.S. for the sole purpose of giving birth and directs the secretaries of State and Homeland Security to issue new rules and guidance. Estimates of how many women might engage in this practice annually are uncertain, but U.S. Census data shows vastly fewer instances — 26,000 babies a year — than the administration’s estimate of more than 3.5 million yearly, according to the non-partisan Migration Policy Institute.

“So if you’re telling a consular officer you’re here as a tourist but your true purpose and intent is to go to a baby mill, give birth and try and mint an American citizen while you’re here, then you’re committing fraud against the American government,” White House deputy chief of staff Stephen Miller said. “And by definition, that visa can and should and will be now denied.”

The orders are attempts to work around Trump’s loss at the Supreme Court. The administration argued that it was in violation of the 14th Amendment. Five justices — Chief Justice John Roberts, Justice Amy Coney Barrett and three liberal justices — agreed the constitution guarantees birthright citizenship, while Justice Brett Kavanaugh said the executive order was in violation of a federal statute.

The president’s aides and allies have spent the last month weighing policy options for targeting birth tourism, including efforts to prosecute organizations and individuals involved in “birth tourism schemes” or women already in the country for fraud. The latest orders are also likely to be challenged in the courts.